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Since 2009, the Natural Resources Conservation Service (NRCS) has partnered with the ACHP to support dedicated assistance in Section 106 program innovations and greater efficiencies in program implementation. This partnership has facilitated work to develop a new NRCS nationwide program alternative, targeted training, and relevant guidance documents and templates for compliance correspondence.
The NRCS is a federal agency within the U.S. Department of Agriculture. Originally established by Congress in 1935 as the Soil Conservation Service, the NRCS has expanded to work with landowners through conservation planning and assistance designed to benefit the soil, water, air, plants, and animals that result in productive lands and healthy ecosystems.
Many NRCS activities constitute undertakings under the definition in 36 CFR § 800.16(y) of the regulations implementing Section 106 of the National Historic Preservation Act, “Protection of Historic Properties” (36 CFR Part 800). NRCS works closely through its assistance programs with landowners, state and tribal offices, and industry partners to assess the potential effects of its undertakings on historic properties. NRCS’ General Manual, Title 420, Part 401, “Cultural Resources (Archaeological and Historic Properties)” and its National Cultural Resources Procedures Handbook, Part 601, Subpart C provide guidance and instruction on the agency’s compliance with Section 106 of the National Historic Preservation Act.
Section 106 Review
Numerous NRCS projects undergo Section 106 review each year. As with other federal agencies, the large majority of these undertakings are routine and are resolved in consultation with the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), Indian tribes, Native Hawaiian organizations, local governments, and applicants without the ACHP’s involvement. However, where a proposed undertaking would adversely affect a historic property, the NRCS notifies the ACHP and certain cases, for instance, those that present complex issues or procedural challenges, warrant the participation of the ACHP.
The NRCS is currently operating under a nationwide Programmatic Agreement for Section 106 compliance. To view this Programmatic Agreement, click here. The nationwide Programmatic Agreement was amended in May 2012. To view the amended agreement, click here. To view the second amendment, click here.
Section 106 in Disasters and Emergencies
The NRCS follows 36 CFR Part 800 and its policies and procedures to comply with Section 106 during disasters and emergencies. NRCS has several programs that address emergency response.
NRCS – ACHP Partnership
Beginning in May 2011, the NRCS partnered with the ACHP to support a full time senior staff position at the ACHP to serve as the principal point of contact for handling NRCS program and project review. The position is within the Office of Federal Agency Programs (OFAP) at the ACHP. In addition to assisting NRCS in completing Section 106 review, the ACHP’s liaison works with NRCS headquarters to develop and implement national policy and programs with the potential to affect historic properties. The partnership between NRCS and the ACHP has had many benefits, and has resulted in:
For More Information from the ACHP regarding Section 106:
NRCS Federal Preservation Officer
NRCS Prototype Programmatic Agreement Update
The Advisory Council on Historic Preservation (ACHP) is pleased to announce it has designated a Prototype Programmatic Agreement (PA) for the use of the Natural Resources Conservation Service (NRCS). The ACHP's guidance letter, as well as the Prototype PA can be found here.
Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies must consider the effect of their undertakings upon historic properties. NRCS, in coordination with the ACHP has developed an innovative approach that gives states and stakeholders more predictability in how they take into account the effects of their programs on historic properties while carrying out the important NRCS work that provides assistance to farmers and landowners throughout the United States.
When a federal agency uses a Prototype PA, the agency may develop and execute subsequent agreements with the appropriate State Historic Preservation Officer (SHPO) and/or Tribal Historic Preservation Officer (THPO) without the need for ACHP participation in consultation or execution of the agreement. This program alternative will allow NRCS to ensure that consistent measures to address the impacts of its programs on historic properties are applied in each agreement negotiated pursuant to the PA while allowing individual agreements to be tailored to conditions in each state.
In order to assist stakeholders in using the Prototype PA, the ACHP has developed a frequently asked questions document. We hope this answers most of your questions, but if not, please contact Sarah Bridges, the NRCS Federal Preservation Officer via email at firstname.lastname@example.org or (202) 720-4912.
If the ACHP can be of further assistance in answering questions regarding the designation of the Prototype PA, please contact Chris Wilson at email@example.com or 202-517-0229.
Additional information relevant to this effort is presented below.
The NRCS point of contact for this initiative is Ms. Sarah Bridges, Federal Preservation Officer/ National Cultural Resources Specialist, Ecological Sciences Division, (202) 720-4912, firstname.lastname@example.org.
Updated April 15, 2014